HAS THE OFFICE OF THE PRIME MINISTER BECOME SO POWERFUL THAT THE CABINET IS NOW MERELY EFFECTIVE


 


The United Kingdom has one of the world’s oldest forms of government.  The Prime Minister is the “head of Her Majesty’s Government”.  The Prime Minister leads the Cabinet (which is the Executive branch) and also leads a major political party and commands a majority in the House of Commons (the lower house of the Legislature).  The Prime Minister’s power extends to both the legislative and executive powers.  In the UK, the government system is such where there is a unity of powers rather than a separation. 


The current Prime Minister of the UK is the Right Honorable David Cameron who was appointed on 11 May 2010.  The PM, in an executive capacity, may appoint (or dismiss) all other cabinet members and ministers, co-ordinate policies and activities of all government departments and the staff of the Civil Service.  The PM is the “face” and “voice” of Her Majesty’s Government.  The Sovereign exercises statutory and prerogative powers on the advice of the PM.  These include dissolution of Parliament; high judicial, political, official and Church of England ecclesiastical appointments; the conferral of peerages, knighthoods, decorations, and other honors.   “The extensive executive powers of the PM include:  the power of the executive to declare war, the power to request the dissolution of Parliament, the power over recall of Parliament, the power of the executive to ratify international treaties without decision by Parliament, the power to make key public appointments without effective scrutiny, the power to restrict Parliamentary oversight of the intelligence services, power to choose bishops, power in the appointment of judges, power to direct prosecutors in individual criminal cases, power over the civil service itself, and the executive powers to determine the rules governing entitlement to passports and the granting of pardons.  Such powers are arguably unnecessary in a liberal ‘democracy’ as Britain confesses itself to be from time to time.  (Is the Prime Minister to Powerful?  Burge, Joshua.  Viewed, 28 April, 2011.  <http://www.peterjepson.com/law/Burge%20Essay%20UK-6.pdf>.  )”


“The PM is said to ‘primus-inter-pares’, first among equals, which is meant to describe the PM’s position in contrast to the other ministers of state.  However, over the last hundred years, this has been a less and less accurate description of the role and influence of the PM.  First among equals implies an equal status among the ministers and that he is simply the ‘first’ and represents the ministers and therefore the government and the country.  The PM is in reality far more powerful than this implies.  (Is the Prime Minister to Powerful?  Burge, Joshua.  Viewed, 28 April, 2011.  <http://www.peterjepson.com/law/Burge%20Essay%20UK-6.pdf>. )”    Basically the PM can choose any UK citizen to become part of the cabinet through appointment as a peer in the House of Lords.  Although the PM picks only from the House of Lords and Commons, the appointee is a peer who can then join the cabinet.  “One disgraced former MP, Peter Mandleson, recently joined the cabinet as Secretary of State for Business, Enterprise and Regulatory Reform for a third time in 2008 despite not being an MP or a peer.  This power certainly erodes the idea of ‘first among equals’.    Additionally, the PM decides the policy of the cabinet and thus the government, the party and the country.  Such power is believed too much for one person to bear.  (Is the Prime Minister to Powerful?  Burge, Joshua.  Viewed, 28 April, 2011.  <http://www.peterjepson.com/law/Burge%20Essay%20UK-6.pdf>.   


“There are many who are of the opinion that the power of the PM should be split up and given to the Cabinet, Parliament or the European Parliament.  This raises questions regarding democracy, leadership and the ability to govern a nation effectively within these institutions.  Arguments that only through the PM’s ability to change the personnel of the cabinet and the fact that each secretary of state has specific powers, that this position can truly be powerful. (Is the Prime Minister to Powerful?  Burge, Joshua.  Viewed, 28 April, 2011.  <http://www.peterjepson.com/law/Burge%20Essay%20UK-6.pdf>. )”


Currently the Ministers in Cabinet are the main deciders in UK policy.  However, since these Ministers are appointed by the PM, if any one of them decides to counter any of the policies, than the Minister is expected to ‘resign.  So the PM can literally ‘choose’ which Ministers to appoint- obviously the ones who will not go against his opinion.  


Constitutionally the PM cannot function without the Cabinet and the PM can be replaced as party leader.  Additionally, through EU law via the European Court of Justice, policies of the PM can be appropriated when necessary via majority voting.  Hence there are checks and balances which limit the power of the PM.  However, one cannot have all the power the PM currently has.  “The idea of fragmenting power to the cabinet only gives the PM indirect power (he can ‘hire and fire’ Ministers).  The PM’s power should be spread to the Parish, Borough, County Councils, as well as Parliament.  Parliament should be the ultimate decision making body for all matters. (Is the Prime Minister to Powerful?  Burge, Joshua.  Viewed, 28 April, 2011.  <http://www.peterjepson.com/law/Burge%20Essay%20UK-6.pdf>.    )”



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